Construction Group Wins Summary Judgment in Highly Questionable Claimed Construction Site Accident

Cullen and Dykman’s Construction Group recorded another victory winning summary judgment for its clients on a serious claimed construction site accident where the Plaintiff sustained severe neck, back and knee injuries and had multiple surgeries.  The Plaintiff alleged that he was injured in a road and sidewalk defect caused by the client’s construction activities in lower Manhattan, New York City, when he was caused to fall and sustain the alleged serious injuries.

The Construction Group took an aggressive approach on the case and filed an early dismissal/summary judgment motion, before discovery and depositions, supported by client affidavits and photos proving that they had not performed any work in the area where the incident was alleged to occur and did not otherwise cause or create the alleged condition.  It was also highlighted that two sworn statements of the Plaintiff reflected that the Plaintiff was caused to be injured in a different location from where the construction site was located. This claim against our client was another highly questionable claim similar to the many other fraud victories we have enjoyed recently.

The Court agreed and found that our clients had established their prima facie entitlement to summary judgment by proffering evidence that it did not perform any work at the location of the incident and that the accident if it ever occurred had to be at a different location.  

To view the order with notice of entry: click here

About Cullen and Dykman’s Construction Litigation Department

The attorneys in our Construction Litigation department have a long history of representing clients in all phases of construction projects, from contract negotiations and financing transactions to management claims, arbitration, and litigation. In fact, the Brooklyn Bridge owes its famous profile to one of the firm's founding partners who chaired the group that selected John Roebling's world-renowned design.

About Cullen and Dykman

Cullen and Dykman (www.cullenllp.com) has been providing legal services to institutional clients since 1850. The firm represents a wide range of clients, including banks and other financial institutions, energy, telecommunications and water companies, construction companies, insurers, educational institutions, religious organizations, and not-for-profits. With over 190 attorneys in seven offices located throughout the Northeast and Mid Atlantic regions, Cullen and Dykman is strategically positioned to meet the changing needs and demands of our clients.